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A BILL TO BE ENTITLED
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AN ACT
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relating to the compensation of property owners whose property is |
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damaged as a result of a suspect fleeing apprehension by a peace |
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officer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. |
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Section 683.015, Transportation Code, is amended |
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by amending Subsections (d), (f), and (g) and adding Subsection (h) |
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to read as follows: |
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(d) A municipality or county may transfer funds in excess of |
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$1,000 from the account to the municipality's or county's general |
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revenue account to be used by the law enforcement agency or the |
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attorney representing the state. |
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(f) A law enforcement agency or an attorney representing the |
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state may use funds transferred under Subsection (d) to compensate |
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property owners whose property was damaged as a result of a pursuit |
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involving a [the] law enforcement agency, regardless of whether the |
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agency would be liable under Chapter 101, Civil Practice and |
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Remedies Code. |
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(g) Before a law enforcement agency or an attorney |
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representing the state may compensate a property owner under |
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Subsection (f) using funds transferred to a county under Subsection |
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(d), the sheriff, [or] constable, or attorney representing the |
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state must submit the proposed payment for compensation for |
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consideration, and the commissioners court shall consider the |
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proposed payment for compensation, at the next regularly scheduled |
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meeting of the commissioners court. |
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(h) In this section, "attorney representing the state" |
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means a district attorney, criminal district attorney, or county |
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attorney performing the duties of a district attorney. |
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SECTION 2 Article 59.06, Code of Criminal Procedure, as |
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amended by this Act, applies to personal property seized or taken |
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into custody on or after the effective date of this Act. Personal |
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property seized or taken into custody before the effective date of |
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this Act is governed by the law in effect on the date the property is |
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seized or taken into custody, and the former law is continued in |
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effect for that purpose. |
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SECTION 3 This Act takes effect September 1, 2013. |